Supreme Court Collegium begins the process of filling vacant posts

Although it remains locked in a harsh struggle with the Narendra Modi over the delay in engagement to the higher judiciary and a new Memorandum of Procedure (MoP), the Supreme Court collegium is said to have begun the process of filling vacant posts in the apex court.

The Report says

According to sources, seven high court chief justices names were discussed at a recent meeting of the collegium. However, only four of the total five members of collegium attended the meeting, while the names were later communicated to the fifth member, Justice Jasti Chelameswar.

Justice Chelameswar told the Chief Justice of India T S Thakur that he would not attend future meetings of the collegium and the recommendations of the other four judges, including the CJI, should be sent to him “through circulation”.

Supreme Court of India

As per reports, the CJI failed to persuade Justice Chelameswar to do a rethink.

However, it is learnt that Justice Chelameswar has objected one name on the list, and he is said to have conveyed his views in written to the remaining members of the collegium.

No final decision has been taken on the names, yet.

Vacancies in Supreme Court

While currently there are six vacancies in the Supreme Court, another judge, Justice A R Dave, is scheduled to retire later this month. Justice Dave is one among the five members of the collegium. Another vacancy will arise next year on January 3, when CJI Thakur retires.

Meanwhile, the Centre is yet to finalise on the collegium’s recommendation to transfer Uttarakhand High Court Chief Justice K M Joseph to Andhra Pradesh, the decision which has been pending since May.

Chief Justice of India T S Thakur

Chief Justice Joseph, who is one among those being considered for a promotion, headed the High Court bench that set aside the centre’s decision to impose Presidential Rule in Uttarakhand.

Justice Chelameswar, a member of the larger collegium, was the sole dissenting judge in the National Judicial Appointments Commission (NJAC) case last year, ruling in favour of doing away with the collegium system.

The remaining judges had, through a majority judgment, struck down as unconstitutional an amendment to validate the NJAC Act.

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